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Forensic team asks Dimmit County court to allow exhumation of unidentified remains; court pauses action for legal review

Dimmit County Commissioners Court · October 28, 2024
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Summary

A Texas State University forensic team (Operation ID) asked the Dimmit County commissioners— court to allow exhumation of unidentified remains at Panteon De Guadalupe Cemetery to pursue identifications; the court acknowledged the request but took no action, citing legal requirements and the need for written counsel about county equipment use.

A team of forensic anthropologists from Texas State University asked Dimmit County commissioners to approve exhumation work at Panteon De Guadalupe Cemetery to identify up to 13 unidentified individuals, saying the work would be supported by state and federal funding and provided to the county at no cost.

Dr. Victoria Swenson, identifying herself as part of "Operation ID," told the court the team has been working for more than a decade to identify remains of migrants and that during a prior visit they identified two people and estimated there were more cases remaining for examination. "All of our efforts are supported by state and federal funding, so this will be free to the county as a service that our students and our laboratory offers," Dr. Swenson said.

Court officials explained that, under the Texas Penal Code, exhumations of unidentified remains must be authorized by the county judge and justices of the peace and noted legal questions about the county providing heavy equipment on private cemetery property. The judge advised caution, asked staff to seek written legal counsel (including an attorney general opinion), and recommended tabling final approval until the county receives clear guidance on whether county equipment can be used and how costs would be covered. The court recorded "no action" on the exhumation request at this meeting, while staff and the forensic team discussed logistics such as the county providing a backhoe and operator (if legally permissible) or the team covering nominal costs.

Several humanitarian volunteers and local residents urged support, stressing the project—s role in identifying remains and bringing closure to families. The forensic team proposed a tentative exhumation window in mid-December and said DNA and fingerprint analysis would be handled by supported laboratory resources. The court asked the presenters to provide a written indemnity/statement and confirmed it would seek written legal advice before authorizing any county resources.

Action note: The court took no formal action to approve exhumation at the meeting; follow-up items include legal review and return to the court once written counsel and logistical agreements are in place.